Understanding Your Rights: Injuries in a Rental Property and Public Liability Claims in NSW
Published on March 7, 2025 by Maryam Dehsabzi
Regardless of whether you own or rent, everyone deserves to live in a safe and habitable home environment. However, in recent years, many renters in New South Wales (NSW) have been forced to live in unsafe rental properties due to rising rents, limited vacancy rates, and cost-of-living pressures. This means that tenants are sometimes exposed to hazardous conditions that may lead to injuries.
If you have been injured in a rental property due to poor maintenance or hazards that should have been addressed by the landlord, you may have legal options under NSW public liability laws.
Common rental property hazards
While tenants have a responsibility to take reasonable care of the property they rent, landlords have an obligation to ensure the property is maintained in a safe condition. Structural issues and maintenance failures are common in rental properties and can lead to serious injuries.
Structural issues could include:
- Cracks in walls or floors
- Sinking or moving foundations
- Walls or windows being out of alignment
- Major plumbing issues
In addition to these structural concerns, tenants may also face hazards including:
- Faulty electrical wiring leading to electrocution or fires
- Exposure to asbestos
- Slippery or broken flooring causing falls
- Unstable staircases or handrails leading to severe injuries
- Balcony and roof collapses
- Mold and water damage contributing to respiratory issues
Landlords are legally required to repair and maintain their properties to prevent these hazards. If a tenant has reported an issue and the landlord fails to act, they may be held liable for any injuries resulting from their negligence.
Who is responsible for a tenant’s injury?
Public liability law in NSW governs the duty of care that property owners, landlords, and occupiers have to maintain safe premises. If a tenant or visitor is injured due to unsafe conditions, the responsible party may be held liable.
A landlord or property owner may be legally responsible if:
- They were aware (or should have been aware) of the hazardous condition but failed to fix it within a reasonable timeframe.
- The injury occurred because of a foreseeable risk that could have been prevented through reasonable maintenance.
- The tenant had previously reported the hazard, but no action was taken.
Tenants should document all interactions with their landlord or real estate agent regarding repair requests and safety concerns. Keeping written correspondence and photographs of hazards can provide crucial evidence in a public liability claim.
Making a public liability claim for an injury at a rental property
If you have been injured in your rental property due to your landlord’s negligence, you may be entitled to compensation through a public liability claim. This can help cover:
- Medical expenses, including hospital visits, surgery, and rehabilitation
- Loss of income if you are unable to work due to your injury
- Future earnings lost due to long-term disability or impairment
- Pain and suffering
It is important to seek legal advice as soon as possible, as strict time limits apply to public liability claims in NSW. An injured person generally has three years from the date of injury to lodge a claim.
Steps to take if you have been injured in a rental property
If you believe you have a potential public liability claim, follow these steps:
- Seek medical attention – your health should be your priority. Ensure you see a doctor as soon as possible and obtain medical records documenting your injury.
- Report the issue – notify your landlord or property manager in writing about the hazard and your injury.
- Document everything – take photos of the hazard, your injuries, and any relevant correspondence with your landlord.
- Speak to witnesses – if any neighbours, roommates, or visitors witnessed your injury, ask them for a written statement and have contact details for them saved.
- Seek legal advice – consult with a public liability lawyer to assess your rights and potential entitlements.
Can you still make a claim if you were partially at fault?
Even if you believe you were partly responsible for your injury, you may still be entitled to compensation. NSW operates under a system of contributory negligence, meaning that liability can be shared between the injured party and the responsible landlord. If your claim is successful but you are found to be partially at fault, your compensation may be reduced accordingly.
If you or a loved one has been injured in a rental property due to unsafe conditions, it’s important to act as soon as possible. Legal claims can take time to process, and acting early ensures you have the best chance of securing the compensation you deserve.
A rental property should be a safe place to call home, and tenants should not have to choose between their well-being and having a roof over their heads. If you suspect your injury was caused by a landlord’s failure to maintain the property, it is worth exploring your legal rights.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.
Disclosure and important note: This article is based on our own legal research and thinking. Some of its content has been generated with the assistance of artificial intelligence. The authors have checked and approved this article, including the AI generated content, for publication.
